Omissions Flashcards
List the 6 circumstances in which a duty to act exists.
- Contractual duty.
- Professional duty.
- Special relationship.
- Voluntarily taking on the care of another.
- Creates a dangerous situation.
- Statutory duty.
Give a case that demonstrated contractual duty.
R v. Pitwood - level crossing operator.
Give a case that demonstrates professional duty.
R v. Dytham - police officer who failed to intervene in a fight.
Give a case when the D’s failed to act when voluntarily taking on the care of another.
R v. Stone and Dobinson.
Give a case that demonstrates failing to act then creating a dangerous situation.
R v. Miller - homeless man starting fire.
Give an example of a statutory duty to act.
The Road Traffic Act 1988 requires drivers to report an accident to the police.
What is the general principle in England and Wales regarding omissions?
Ordinary individuals are under no duty to act.
What is the general principle in England and Wales regarding omissions?
Ordinary individuals are under no duty to act.
Give a case that demonstrated special relationship.
R v. Gibbins and Proctor
